[ckpwong]

As someone who became mother due to the lack of active prevention of pregnancy (call it a pleasant surprise), I am of course of a different opinion than yours.

There is nothing stopping either Alice or Barbara from lying about their procreation plans. Outside of abstinence, which cannot be proved or disproved by anyone other than the female in question (and it is not even something she has 100% control on -- unwanted sex do happen in this world), there is no foolproof birth control method. As such, and without trampling on employees' privacy, there's no point for an employer to inquiring about procreation plan.

I don't believe the clauses contingent on pregnancy is appropriate on employment contracts neither. If maternity leave is such a big loss on productivity that a company needs compensation for, one can argue either the market should already have a product for it (e.g. some form of "maternity insurance" provided to employers), or the government should subsidize the employer.

In Canada, where @raganwald and I currently reside, employers are not legally required to provide compensation for persons on maternity or parental leave. (Maternity leave is for mothers giving birth only; parental leave can be split between parents of either birth or adoption.) Instead, the government provides partial compensation. It's up to the employer to decide whether to provide additional compensation on top of government benefits. I don't know where you are located nor your local laws regarding maternity leave. In your opinion, would a policy similar to Canada's be suffice, or do you still want more protection for the employers?

I suppose you are opposed to Arizona's new birth control pill bill HB2625 then? [tongue in cheek]